MA Court: Sex by fraud isn’t rape

From TalkLeft:

She went to bed one night, in the bedroom she shared with her boyfriend, and a man she thought was her boyfriend got into bed and had sex with her. It turned out the man was her boyfriend’s brother who pretended to be her boyfriend…Is that rape? The Massachusetts Supreme Court says no.

Lovely, huh? Massachusetts’ Supreme Judicial Court ruled yesterday that consent for sex obtained through fraud or deceit isn’t rape. The court said that MA’s law defines rape as intercourse “by force and against [the] will” of the victim and that “fraudulently obtaining consent to sexual intercourse does not constitute rape as defined in our statute.”
Almost disturbing as the decision: the picture that ABC decided to accompany the article.